HB 1452

  • Virginia House Bill
  • 2020 Regular Session
  • Introduced in House Jan 08, 2020
  • Passed House Feb 10, 2020
  • Passed Senate Feb 24, 2020
  • Became Law Apr 22, 2020

Temporary detention; observation, testing, or treatment.

Abstract

Temporary detention for observation and treatment. Clarifies that a person can be subject to a temporary detention order for observation and treatment related to intoxication where the person is located, upon a finding that (i) probable cause exists to believe the person is incapable of making or communicating an informed decision regarding treatment due to intoxication and (ii) the medical standard of care calls for observation, testing, or treatment within the next 24 hours to prevent injury, disability, death, or other harm to the individual resulting from such intoxication. The bill limits the duration of such temporary detention to 24 hours. The bill provides that a person subject to emergency custody due to a mental illness shall remain in custody until (a) a temporary detention order is issued in accordance with § 37.2-809; (b) an order for temporary detention for observation, testing, or treatment is entered in accordance with § 37.2-1104, ending law-enforcement custody; (c) the person is released; or (d) the emergency custody order expires. The bill directs the Department of Behavioral Health and Developmental Services to convene a work group to develop standard policies and procedures regarding medical temporary detention orders. This bill is identical to SB 738.

Temporary detention for observation and treatment. Clarifies that a person can be subject to a temporary detention order for observation and treatment related to intoxication where the person is located, upon a finding that (i) probable cause exists to believe the person is incapable of making or communicating an informed decision regarding treatment due to intoxication and (ii) the medical standard of care calls for observation, testing, or treatment within the next 24 hours to prevent injury, disability, death, or other harm to the individual resulting from such intoxication. The bill limits the duration of such temporary detention to 24 hours. The bill provides that a person subject to emergency custody due to a mental illness shall remain in custody until (a) a temporary detention order is issued in accordance with § 37.2-809; (b) an order for temporary detention for observation, testing, or treatment is entered in accordance with § 37.2-1104, ending law-enforcement custody; (c) the person is released; or (d) the emergency custody order expires. The bill directs the Department of Behavioral Health and Developmental Services to convene a work group to develop standard policies and procedures regarding medical temporary detention orders. This bill is identical to SB 738.

Temporary detention for observation and treatment.Clarifies that a person can be subject to a temporary detention orderfor observation and treatment related to intoxication, upon a findingthat (i) probable cause exists to believe the person is incapable of making or communicating an informed decision regarding treatmentdue to intoxication and (ii) that observation, testing, or treatmentis necessary within the next 24 hours to prevent injury, disability,death, or other harm to the individual resulting from such intoxication.The bill also provides for the tolling of an emergency custody orderfor the period during which the person who is the subject of theemergency custody order is also subject to a temporary detentionorder for observation and treatment.

Bill Sponsors (1)

Votes


Actions


Apr 22, 2020

House

Placed on Calendar

House

Enacted, Chapter 1233 (effective 7/1/20)

Senate

Signed by President as reenrolled

House

Signed by Speaker as reenrolled

House

Reenrolled bill text (HB1452ER2)

House

Reenrolled

Office of the Governor

Governor's recommendation adopted

Senate

Senate concurred in Governor's recommendation (40-Y 0-N)

Senate

Reconsideration of Governor's recommendation agreed to (38-Y 1-N)

Senate

Senate concurred in Governor's recommendation (40-Y 0-N)

House

VOTE: (95-Y 0-N)

House

House concurred in Governor's recommendation BLOCK VOTE (95-Y 0-N)

Mar 18, 2020

House

Governor's recommendation received by House

Mar 11, 2020

House

Enrolled Bill communicated to Governor on March 11, 2020

Office of the Governor

Governor's Action Deadline 11:59 p.m., April 11, 2020

Mar 02, 2020

Senate

Signed by President

Feb 28, 2020

House

Impact statement from DPB (HB1452ER)

House

Signed by Speaker

House

Enrolled

Feb 24, 2020

Senate

Read third time

Senate

Passed Senate (40-Y 0-N)

Feb 21, 2020

Senate

Constitutional reading dispensed (32-Y 0-N)

Feb 20, 2020

Senate

Reported from Education and Health (13-Y 0-N)

Feb 11, 2020

Senate

Referred to Committee on Education and Health

Senate

Constitutional reading dispensed

Feb 10, 2020

House

Read third time and passed House (96-Y 0-N)

House

VOTE: Passage (96-Y 0-N)

Feb 07, 2020

House

Read second time

House

Engrossed by House - committee substitute HB1452H1

House

Committee substitute agreed to 20107324D-H1

Feb 06, 2020

House

Read first time

Feb 05, 2020

House

Impact statement from DPB (HB1452H1)

House

Reported from Appropriations (20-Y 1-N)

House

Subcommittee recommends reporting (8-Y 0-N)

Feb 04, 2020

House

Assigned App. sub: Health & Human Resources

House

Referred to Committee on Appropriations

House

Reported from Health, Welfare and Institutions with substitute (22-Y 0-N)

House

Committee substitute printed 20107324D-H1

Feb 03, 2020

House

Subcommittee recommends reporting with substitute (6-Y 0-N)

House

Subcommittee recommends referring to Committee on Appropriations

House

House committee, floor amendments and substitutes offered

Jan 27, 2020

House

Impact statement from DPB (HB1452)

Jan 17, 2020

House

Assigned HWI sub: Behavioral Health

Jan 08, 2020

House

Referred to Committee on Health, Welfare and Institutions

House

Prefiled and ordered printed; offered 01/08/20 20105329D

Bill Text

Bill Text Versions Format
Impact statement from DPB (HB1452) HTML
Impact statement from DPB (HB1452H1) HTML
Bill text as passed House and Senate (HB1452ER) HTML
Reenrolled bill text (HB1452ER2) HTML
Acts of Assembly Chapter text (CHAP1233) HTML

Related Documents

Document Format
Amendment: HB1452AG HTML

Sources

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